BILL NUMBER: AB 1284	CHAPTERED  10/10/99

	CHAPTER   703
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN ASSEMBLY   APRIL 26, 1999

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 26, 1999

   An act to amend Section 1270.1 of, and to add Section 646.93 to,
the Penal Code, relating to stalking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1284, Jackson.  Stalking.
   Existing law provides that before a person who is arrested for
specified crimes may be released on bail for an amount more or less
than the scheduled amount for the offense, or on the person's own
recognizance, a hearing must be held.
   This bill would add to the list of specified crimes, intimidating
a witness or victim, or making terrorist threats, as specified.
   This bill would also require the county sheriff to give notice of
the release on bail of any person arrested on a charge of stalking to
the prosecuting attorney's office.  By imposing additional duties on
local law enforcement agencies, this bill would impose a
state-mandated local program.
   This bill would also require the offender to provide certain
information regarding addresses and telephone numbers of the offender
to the court, as specified.  The bill would also require, unless
good cause is shown, as conditions of release on bail for a person
charged with stalking, that the person not initiate contact with the
alleged victim, as specified, possess any firearms or other deadly or
dangerous weapons, and that the offender obey all laws.
   This bill would also declare findings of the Legislature.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds that  in 1996, nearly 2,000
murders in the United States were committed by intimates, and in
almost three out of four of these killings, the victim was a woman.
The Legislature also finds that each year, approximately 30 percent
of all women killed in this country die at the hands of a current or
former intimate, that stalkers are estimated to be violent toward
their victims between 25 and 35 percent of the time, and that the
group most likely to be violent is composed of those persons who have
had an intimate relationship with the victim.  The Legislature also
finds that, according to a National Violence Against Women survey
conducted by the federal Department of Justice, 8 percent of women
and 2 percent of men in the United States have been stalked at some
time in their life, that 12.1 million women and 3.7 million men in
the United States are stalked at some time during their life, and
that 6 million women and 1.4 million men are stalked annually in the
United States.  The Legislature also finds that 81 percent of the
women who were stalked by a current or former husband or cohabiting
partner were also physically assaulted by that same partner, and 31
percent of the women who were stalked by a current or former husband
or cohabiting partner were also sexually assaulted by that same
partner.
   (b)  The Legislature further finds that it is necessary that a
judge or magistrate be fully informed of all aspects of the charged
crimes and any and all possible relevant background information about
the defendant, including prior violent acts, the threat of prior
violent acts, possession of dangerous and deadly weapons, prior
arrests and convictions, violations of law, jail incident reports,
and the existence of any other relevant information and, in
particular, information that may bear on the danger the defendant may
present to the public and the likelihood that defendant may commit
future crimes if released pending trial.
   (c)  The Legislature further finds that it is necessary for both
the victim or victims to have the opportunity to be heard regarding
the setting of bail in order to bring relevant information to the
court's attention.
  SEC. 2.  Section 1270.1 of the Penal Code is amended to read:
   1270.1.  (a) Before any person who is arrested for any of the
following crimes may be released on bail in an amount that is either
more or less than the amount contained in the schedule of bail for
the offense, or may be released on his or her own recognizance, a
hearing shall be held in open court before the magistrate or judge:
   (1) A serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section
667.5, but not including a violation of subdivision (a) of Section
460 (residential burglary).
   (2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, 262, 273.5, 422 where
the offense is punished as a felony, or 646.9.
   (3) A violation of paragraph (1) of subdivision (e) of Section
243.
   (b) The prosecuting attorney and defense attorney shall be given a
two court-day written notice and an opportunity to be heard on the
matter.  If the detained person does not have counsel, the court
shall appoint counsel for purposes of this section only.  The hearing
required by this section shall be held within the time period
prescribed in Section 825.
   (c) At the hearing, the court shall consider evidence of past
court appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed to
other persons if the detained person is released.  In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the detained
person and any past acts of violence.  The court shall also consider
any evidence offered by the detained person regarding his or her ties
to the community and his or her ability to post bond.
   (d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record.  This
statement shall be included in the record.
  SEC. 3.  Section 646.93 is added to the Penal Code, to read:
   646.93.  (a) The county sheriff shall give notice of the release
on bail of any person arrested for violating Section 646.9.  The
notice shall be directed to the domestic violence unit of the
prosecuting agency of the county or city where the victim resides or
any person so designated by that agency.  The prosecuting agency in
each county or city shall inform the county jail in writing as to the
specific person or persons who should be contacted in their agency.

   (b) Any request to lower bail shall be heard in open court in
accordance with Section 1270.1.  In addition, the prosecutor shall
make all reasonable efforts to notify the victim or victims of the
bail hearing.  The victims may be present at the hearing and shall be
permitted to address the court on the issue of bail.
   (c) Unless good cause is shown not to impose the following
conditions, the judge shall impose as additional conditions of
release on bail that:
   (1) The defendant shall not initiate contact in person, by
telephone, or any other means with the alleged victims.
   (2) The defendant shall not knowingly go within 100 yards of the
alleged victims, their residence, or place of employment.
   (3) The defendant shall not possess any firearms or other deadly
or dangerous weapons.
   (4) The defendant shall obey all laws.
   (5) The defendant, upon request at the time of his or her
appearance in court, shall provide the court with an address where he
or she is residing or will reside, a business address and telephone
number if employed, and a residence telephone number if the defendant'
s residence has a telephone.
   A showing by declaration that any of these conditions are violated
shall, unless good cause is shown, result in the issuance of a
no-bail warrant.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
